Judge says US can hold detainees indefinitely
A Bush appointed judge ruled late Tuesday night that the United States can hold detainees for an indefinite period.
The opinion issued by U.S. District Judge John Bates “limited the Obama administration’s definition of who can be held,” Nedra Pickler reports for the Associated Press. “But he said Congress in the days after Sept. 11, 2001 gave the president the authority to hold anyone involved in planning, aiding or carrying out the terrorist attacks.”
“Bates’ opinion comes amid increasing debate over whether President Barack Obama is going to release anyone from Guantanamo. Obama has promised to close the prison by January, but Senate Democrats say they will block the move until he comes up with a plan for the detainees,” the AP notes.
The AP quotes ACLU attorney Jonathan Hafetz as saying that the opinion “flouts the Constitution’s prohibition against indefinite detention without charge.”
“The decision wrongly concludes that terrorism suspects at Guantanamo may continue to languish in military detention rather than being prosecuted in our civilian courts,” Hafetz said. “Like the president’s recent decision to revive military commissions, this ruling perpetuates rather than ends the failed experiment in lawlessness that is Guantanamo.”
Bates was tapped for the District Court seat by former President George W. Bush a week before 9/11 in 2001. He was selected to join the Foreign Intelligence Surveillance Court just the other day.
A pdf of the decision can be found at this link: http://www.scotusblog.com/wp/wp-content/uploads/2009/05/bates-on-detention-power-5-19-09.pdf
A Bush appointed judge ruled late Tuesday night that the United States can hold detainees for an indefinite period.
The opinion issued by U.S. District Judge John Bates “limited the Obama administration’s definition of who can be held,” Nedra Pickler reports for the Associated Press. “But he said Congress in the days after Sept. 11, 2001 gave the president the authority to hold anyone involved in planning, aiding or carrying out the terrorist attacks.”
“Bates’ opinion comes amid increasing debate over whether President Barack Obama is going to release anyone from Guantanamo. Obama has promised to close the prison by January, but Senate Democrats say they will block the move until he comes up with a plan for the detainees,” the AP notes.
The AP quotes ACLU attorney Jonathan Hafetz as saying that the opinion “flouts the Constitution’s prohibition against indefinite detention without charge.”
“The decision wrongly concludes that terrorism suspects at Guantanamo may continue to languish in military detention rather than being prosecuted in our civilian courts,” Hafetz said. “Like the president’s recent decision to revive military commissions, this ruling perpetuates rather than ends the failed experiment in lawlessness that is Guantanamo.”
Bates was tapped for the District Court seat by former President George W. Bush a week before 9/11 in 2001. He was selected to join the Foreign Intelligence Surveillance Court just the other day.
A pdf of the decision can be found at this link: http://www.scotusblog.com/wp/wp-content/uploads/2009/05/bates-on-detention-power-5-19-09.pdf
